Allowed

Karismaa Foundations Private Limited v. S and P Foundation Limited

Madras HC1 Sept 2020OP/369/2020

Case brief

AI extract

What is this about?

Petitioner sought appointment of a presiding arbitrator under Order I CPC read with Arbitration Act due to deaths of original tribunal members. Court examined submissions on the concluding stage of proceedings and appointed new arbitrator with six-month deadline.

What did the court decide?

Appointing No.24-A II Street Kamaraj Avenue Adyar Chennai as Presiding Arbitrator with deadline of six months to pass award.

Karismaa Foundations Private Limited Vs S and P Foundation Limited — Arbitration | Madras HC (2020)

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O.P.No.369 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Date 01.09.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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O.P.No.369 of 2020 Karismaa Foundations Private Limited, Represented by its Director Mr.C.Rajesh, No.340, 1^st Sound Main Road, Kapaleeswarar Nagar, Neelankarai, Chennai – 600 115. . . . Petitioner Versus S & P Foundation Limited, TPL House, 2^nd Floor, No.3 Cenotaph Road, Teynampet, Chennai – 600 018. . . . Respondent

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PRAYER : Petition filed under Order 1 Rule 10(2) of C.P.C. R/w. Section 14(2) and Section 11(6) of Arbitration and Conciliation Act, 1996 to appoint an presiding arbitrator to resolve the disputes arising out of Turnkey Agreement dated 05.10.2012 between the petitioner and the respondent.

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For petitioner : Mr.Vaibhav R.Venkatesh For respondent : Mr.Kalyan Jhabakh

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http://www.judis.nic.in

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O.P.No.369 of 2020

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O R D E R

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This application has been filed to appoint a presiding arbitrator arising out of Turnkey Agreement dated 05.10.2012 between the petitioner and the respondent.

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The undisputed fact is that the arbitral tribunal has already been constituted and on the side of the petitioner Honourable Justice Mr.N.V.Balasubramanian has been appointed and the respondent herein nominated Honourable Justice Mr.T.N.Vallinayagam and both of them have appointed Honourable Justice Mr.K.Sampath. After constitution of the Arbitral Tribunal Honourable Justice Mr.K.Sampath passed away on 07.12.2016 and subsequently, Honourable Justice Mr.N.V.Balasubramanian also passed away in the month of November, 2018. In the place of Honourable Justice Mr.N.V.Balasubramanian Honourable Justice Mr.M.Jaichandran has been appointed as an arbitrator. This petition has been filed for appointment of the presiding arbitrator.

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http://www.judis.nic.in

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O.P.No.369 of 2020

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The learned counsel for both sides submitted that the arbitration

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proceedings is in concluding stage and it is posted for hearing of the arguments and thereafter, Order has to be pronounced.

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Considering the submissions of both sides, it is ordered as follows:

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No.24-A, II Street, Kamaraj Avenue, Adyar, Chennai – 20 is appointed as the

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Presiding Arbitrator to enter upon reference and adjudicate the matter.

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ii) That the Arbitral Tribunal shall pass an award as expeditiously as

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possible, preferably within a period of six months from the date of receipt of the order.

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iii) That the learned Presiding Arbitrator appointed herein shall be

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paid fees as agreed to be payable to other arbitrators per every sitting. Same shall be borne by the parties equally.

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http://www.judis.nic.in

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O.P.No.369 of 2020

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5 . This Original Petition is ordered accordingly, leaving the parties to

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bear their own costs.

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01.09.2020
Index : Yes / No
Internet: Yes
Speaking/non speaking order
vrc

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http://www.judis.nic.in

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O.P.No.369 of 2020

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N. SATHISH KUMAR, J.

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vrc

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order in:
O.P.No.369 of 2020
01.09.2020

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http://www.judis.nic.in

Karismaa Foundations Private Limited v. S and P Foundation Limited

Case brief

What is this about?

What did the court decide?

Karismaa Foundations Private Limited v. S and P Foundation Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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